I just remembered that I sent these morons an estoppel letter on april 24th, received by them on the 29th (signed green card), and on the credit report i pulled today, it said that sherman updated on 5/03! what is my next step? they are past the 15 days in the letter......now i will take any step necessary. thanks, duke
duke I would send them a ITS letter asking for statutory damages for FDCPA violations ever how many you have tell them your gonna file for that amount also put in ur letter that you will except deletion and payment of 1/2 of what you will sue for send the ITS letter to the address where you have been sending them but also fax a copy to Scott Silver there Reg Agent at 212-661-1316, and send the CEO Kevin Branigan a email of your intent to sue letter to Kbranigan @ shermfin.com. you will at least get a call from them. I did
ITS letter is Intent TO SUE, and your welcome remember no question is a bad question u can do a search here to find some copies of ITS letters.
lsmith, i've got a letter i am putting together right now and was wondering what violation of the fdcpa is updating account after sending a validation and/or an estoppel letter? i've got these so far. see if they apply FCRA 1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) â?? Duty to provide notice of dispute. 2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information. FDCPA 1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication 2. § 809. Validation of debts [15 USC 1692g] As per the FDCPA: § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000 thanks again for your help. btw, when you sue, where do you go? and do you hire a lawyer?
I have filed 2 suits 1 in small claims court which TU transfered to Federal court and 1 in Federal court so far have not had to get a lawyer but the one with TU I am going to bring in a Lawyer , u can file in small claims court but in Ohio you can not sue for statutory damages in SC court so I just go and file in Federal Court .
